R.K.CHOUDHARY, V.RAMASWAMI
Mohini Sugar Mills Ltd. – Appellant
Versus
A. Hasan – Respondent
Choudhary, J.
1. This is a writ application under Article 226 of the Constitution" of India,
2. The petitioner is a public limited company duly registered under the Indian Companies Act, 1913 , and having its registered office at 12, India Exchange Place, Calcutta. It carries on the business of manufacture of sugar from sugar cane at its factory situated at Warsaliganj in the district of Gaya. Its Managing Agents are Messrs. Karamchand Thapar and Brothers (Private) Limbed. Respondents 2 to 9 were workmen employed in the petitioner company. They along with ten other workmen were made to retire, and their case was taken up by the Mohini Sugar Mills Workers Union (hereinafter to he referred as the Union) as a result of which the Government of Bihar, in the Department of Labour under Notification No. III/D1-805/57-L-16876, dated the 19th September, 1957, referred the question of the justifiability or otherwise of the retirement of these 19 workmen, along with one other matter, to the Presiding Officer of the Labour Court at Patna for adjudication. The above notification gave rise to Reference No. 3/L.C. of 1957 before the said Labour Court.
It appears that an agreement was arri
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